Purpose
The purpose of a sound, anti-drug policy is to comply with the Drug-Free Workplace Act of 1988 (HR 5210) as passed by Congress. The Drug-Free Workplace Act requires that all federal grant recipients establish and announce anti-drug policies for the workplace effective March 18, 1989. Cities are required to certify to each granting federal agency that the city will provide a drug-free workplace.
Failure to comply with the drug-free workplace requirements could result in sanctions for grantees (company/organization) found to be in violation. Sanctions include withholding of payment under the grant, suspension or termination of the grant, and/or ineligibility for future grants.
Policy Statement
Unlawful manufacture, distribution, dispensation, possession, sale, or use of illegal drugs while on or at work locations, or while on duty is prohibited. Arriving on premises for duty under the influence of any drug or alcohol is prohibited. Violations of this policy can result in discipline, up to and including discharge. Disciplinary actions shall be determined by the individual circumstances of each case.
Legal Drugs (including alcohol)
The use of any legally obtained drug, including alcohol, to the point where such use adversely affects the employee's job performance is prohibited. Prohibition covers arriving on work premises under the effects of any drug that adversely effects the employee's job performance, including the use of prescribed drugs under medical direction. Where physician-directed use of drugs adversely affects job performance, it is in the best interests of the employee, coworkers, and the organization that sick leave be used. Any employee engaging in the use of alcoholic beverages during working hours or when reasonably expected to report for duty is subject to disciplinary action, up to and including discharge.
Illegal drugs
Illegal drugs for the purpose of any anti-drug policy, include (a) drugs that are not legally obtainable and (b) drugs that are legally obtainable but have been obtained illegally.
The sale, possession, purchase, transfer, or use of illegal drugs by employees on organization premises or while on organization business as noted below in b) or c) is prohibited. Arriving on organization premises under the influence of any illegal drug is prohibited. Prohibition applies to any or all forms of drugs whose sale, purchase, transfer, possession, or use is prohibited or restricted by law.
a) Any employee engaging in the sale, purchase, transfer, possession, or use of illegal drugs on organization premises or while on business is subject to disciplinary action, up to and including discharge.
b) Any employee engaging in the sale, purchase, transfer, possession, or use of illegal drugs off-the-job which could jeopardize the safety of other employees, the public, or organization equipment is subject to disciplinary action, up to and including discharge.
c) Any employee arrested for the sale, purchase, transfer, possession, or use of illegal drugs off-the-job may be considered in violation of the policy. In deciding what action to take, the organization will consider the nature of the charges, the employee's present job assignment, the employee's record with the organization , provisions of personnel rules and other organization policies, and other factors relative to the impact of the employee's arrest upon the ability of the organization to continue to conduct business.
Employees must notify administration of any criminal drug statute conviction for a violation occurring in the workplace no later than five (5) days after such conviction. In case of such a conviction, the organization will take appropriate personnel action, up to and including discharge, and/or require the employee to satisfactorily participate in a drug abuse assistance or rehabilitation program. Constructive disciplinary measures may be used to provide motivation to seek assistance. Normal benefits (such as sick leave and health plan benefits) are available to assist in the rehabilitation process. Criminal convictions resulting in incarceration and/or the suspension or revocation of a job-required driver's license will be subject to disciplinary action, up to and including discharge.
Institutions that intend to give the same consideration to persons with chemical (alcohol or other drugs) misuse patterns or dependencies as it does to employees having other diseases are appropriately responding to the problem that has become a social epidemic. Organizations concerned with only those situations where the use of alcohol and other drugs seriously interferes with any employee's health and job performance, understand that employee drug abuse behaviour(s) adversely affect the job performance of other employees, and/or is considered serious enough to be detrimental to business or its reputation. Companies that have sound anti drug policies demonstrate that said organization(s) has no intent to intrude upon the private lives of employees.
When an employee's job performance is shown to be unsatisfactory and the employee is unable or unwilling to correct the situation either alone or with normal supervisory assistance and chemical dependency appears to be the cause of the performance difficulties, the company/organization may work with the employee to utilize an Employee Assistance Program (EAP). The employee may be referred to a drug or alcohol rehabilitation program through available health benefit plans or the Employee Assistance Program.
Employees who think they may have a substance abuse problem are urged to voluntarily seek confidential assistance from an Employee Assistance Program. Early recognition and treatment of chemical dependency problems is important for successful rehabilitation, service to the public, and reduced personal, family, and social disruption.
Summary
Global Drug Concepts and it's wealth of resources can assist to eliminate substance abuse and its effect in the workplace. While the workplace has no intention of unreasonably intruding into the private lives of its employees, involvement with drugs and/or alcohol can take its toll on job performance and employee safety. The objective is that employees be in condition to perform their duties safely and efficiently in the interest of their fellow workers and the public, as well as themselves. The presence of drugs and/or alcohol on the job and the influence of these substances on employees during work hours are inconsistent with this objective.